' SAAD SAOOD JAN, ACTG. C.J.---The petitioner and some others are facing trial in the Court of the Sessions Judge, Mianwali, on charges under sections 302 and 304, read with section 149, and section 148, Pakistan Penal Code. The prosecution has concluded its evidence and the trial has been adjourned for recording the statements of the petitioner and the co-accused.
2. On 21-11-1993 the petitioner and the co-accused moved an application before the trial Court for examining Haji Abdul Khaliq and Syed Naseemul Hassan, Deputy Superintendent of Police, as Court witnesses. The learned Sessions Judge rejected this application with the following observations: "I have gone through the police file and have perused the Ziminis recorded by the said officers.
They were recorded after submission of the challan. The prosecution is not bound to produce them in the Court as prosecution witnesses and neither this Court would like to summon them as Court witnesses because the case of either party may not be prejudiced at this stage. However, the defence is at liberty to produce them as defence witnesses if they feel it necessary. Accordingly, the petition being without any merit is hereby dismissed."
' The petitioner filed a revision petition before the High Court from the order of rejection of his application. It was dismissed. He now seeks leave to appeal from this Court.
2. After hearing the learned counsel for the petitioner we are not persuaded that a case for interfering with the order of the trial Court has been made out. The learned Sessions Judge had gone through the police diaries and found that no justification for summoning the said police officers as the Court witnesses had been made out. Learned counsel appearing for the petitioner has not been able to satisfy us that the evidence of the said police officers was necessary for the Court to come to the right conclusion on the question of the guilt or innocence of the petitioner and the co-accused. In the circumstances, we did not think that is a fit case where leave should be granted to the petitioner. Leave is refused.